Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.

Get a Professional Answer

Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.

100% Satisfaction Guarantee

Rate the answer you receive.

Ask Clare Your Own Question

Clare, Family Solicitor

Category: Family Law

Satisfied Customers: 34889

Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years

13262538

Type Your Family Law Question Here...

Clare is online now

My husband and I are in the course of separation, selling the

Customer Question

My husband and I are in the course of separation, selling the family matrimonial home, and me (wife) buying a smaller property to house myself and our 3 young children. In our financial settlement, my husband is taking a cash lump sump on sale, but requires a legal charge to be placed on my property which will already have a first charge with my lender. The charge needs to secure his remaining 5% interest in the property. This amount requires triggers in place, namely (1) me (wife) co-habiting for more than 6/12 month period; (2) remarrying; or (3) youngest child reaching the end of full-time education (aged 21 if attending university). Could you please direct me a standard form or a form which I can tailor to suit the above criteria?

Referring to the Legal Charge as a priority (exchanging this Friday so time of the essence as Lender needs to see/know about LC).

Do we also require a Consent Order also to attach with the triggers? My husband and I do not want to go down the route of divorcing yet, but wonder if in order for the Consent Order to be actioned divorce proceedings should be commenced. Is that the case, and if so is there a way around it?

No, but will do if this becomes protracted. My initial question was directing me a form of Legal Charge that I could tailor for my husband 5% interest. Also, the form of Consent Order. Could you please provide or direct me to a Legal Charge that I can download?

HiAs far as I am aware there is not one available on the net as they are usually drafted to reflect the particular needs of the client at the time.I have just looked at all the self -help books on Amazon and cannot find any that have a draft charge in them either and the Matrimonial Conveyancing Handbook whilst cheap is not available online - although I know that does have a precedent in itYOu cannot get a Consent Order unless there are ongoing Divorce Proceedings - but there is a Precedent for that - or rather a selection of paragraphs that can be turned into a consent order here http://www.daviessolicitors.co.uk/forms_davies/Divorce%20&%20Separation/Consent%20Order.pdfWith better examples herehttp://www.amazon.co.uk/Your-Own-Divorce-Practical-Divorcing/dp/1845283554/ref=pd_ybh_10I am sorry not to be able to offer anything more solidPlease ask if you need any further detailsClare

Ask a Solicitor

Get a Professional Answer. 100% Satisfaction Guaranteed.

Solicitors are online now

Type Your Family Law Question Here...

characters left:

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.